Terms & Conditions

Conditions Of Contract

  1. Quality of Work

The Contractor shall carry out the work described in schedule 1 hereto in a good and workmanlike manner. All materials supplied shall be reasonably fit for the purpose for which they are supplied.

  1. Time For Completion

(a) The Contractor shall proceed with the work with due diligence and complete the work on or before the date for completion shown in schedule 3 hereto.

(b) In the event that the execution of the work is delayed by a cause beyond the Contractors control, including the need to execute additional work pursuant lo clause 3 hereof, then the Contractor shall be entitled to a reasonable extension of time in which to complete the work and the date for completion shall be adjusted accordingly.

(c) The work shall be deemed completed when it has reached the state of being reasonably fit for use by the Client and the contractor has so notified the Client.

  1. Variations

(a) All changes to the contract work required by the Client or necessitated by the operation of clause 9 hereof shall be agreed in writing between the Client and the Contractor before the commencement of the work except where the need to execute the additional work arises out of an emergency.

(b) The cost of the additional work including a reasonable allowance for the Contractor’s overhead and profit shall be added to the contract sum. The sum payable under this clause shall be added to the next progress payment.

(c) Where a direction of the Client under sub-clause (a) hereof results in a reduction of the work required of the Contractor, the contract sum shall be adjusted accordingly however the Contractor shall be entitled to retain a reasonable sum for overhead and profit

(d) No allowance has been made for de-watering, shoreing or rock, and will be subject to “do and charge”.

  1. Prime Cost Allowances

Where the sum payable under this agreement is stated as a lump sum that includes a prime cost allowance, the Contractor shall purchase the item described or execute the work so identified keeping a record of such cost. In the event of the cost of the item exceeding the allowance stated in schedule 4 hereof, the excess together with a reasonable allowance for overhead and profit (calculated by reference to that excess) shall be added to the contract sum. If the expenditure is less than the allowance, the unexpended portion of the allowance less a reasonable allowance for overhead and profit (calculated by reference to that excess) shall be deducted from the contract sum.

  1. Defects Liability Period

The Contractor shall, within a reasonable period of time, make good defects in the work notified by the Client in writing to the Contractor, within one calendar month of the work reaching completion as defined by clause 2(c) hereof.

  1. Working Hours

The price stated in schedule 2 hereof was calculated on the basis that the work would be executed during ordinary working hours as provided by the relevant Award or Registered Industrial Agreement. Where it becomes necessary to execute work outside ordinary working hours because of the operation of clause 3(a) the additional cost to the Contractor shall be deemed a variation and the contract sum adjusted under clause 3(c) accordingly.

  1. Payment of The Contract Sum

The Client shall pay the contract sum by progress payments in the sums and at the times stated ( ……….. calendar days*) in schedule 5 hereof or if not stated after receipt of a progress claim from the Contractor for the value of the work actually completed at the date of the claim. (*Fill in the number of days agreed).

  1. Default

(a) If either party becomes bankrupt or being a corporation goes into liquidation then the other party may by written notice determine this agreement and recover damages.

(b) If the Client fails to make a progress payment, including the final payment within ………….. calendar days* of the Contractor delivering a claim for such payment then the Contractor may after giving written notice of an intention to do so suspend work forthwith. If the default continues for a further period of seven calendar days after the giving of the notice first referred to, the Contractor may by written notice determine his/her engagement under the contract. *(The number of days indicated should agree with those indicated in Schedule 5 and Clause 7).

(c) If the Client interferes with or prevents the Contractor from carrying out the work then, the Contractor may after giving written notice of an intention to do so suspend work forthwith. If the default continues for a further period of seven calendar days after the giving of the notice first referred to, the Contractor may by written notice determine his/her engagement under the contract.

(d) In addition to determining his/her engagement under the contract the Contractor may recover damages.

(e) If the Contractor fails to proceed with the work with due diligence or fails to comply with a written request to replace defective work or improper materials then if such default should continue for a period of seven calendar days after the giving of a wriitten notice specifying such default, the Client may by written notice determine the Contractors engagement under the contract.

(f) In addition to determining the Contractors engagement under the contract, the Client may recover damages.

  1. Latent Conditions

(a) The contract price has been calculated on the basis of an inspection of the site where the work is to be carried out. If the contractor encounters conditions that an inspection could not reasonably have disclosed, then the additional cost of executing the work shall be treated as a variation under clause 3 hereof.

(b) Notwithstanding sub-clause (a) hereof, it is agreed between the Client and the Contractor the contract price does not include the cost of excavating rock, reef or other impediment whether man made or otherwise and the additional cost of excavation and removal of such material shall be deemed a variation under clause 3 hereof.

  1. Indemnity and Liability

The Client indemnifies the Contractor against any liability or claim arising out of damage to the premises, the site or moveable property left at the site where the work is to be executed or in respect of injury to any person on the site or premises with the permission of the Client provided that the Contractor is not guilty of negligence that causes the damage or injury.

  1. Insurance

The Contractor shall insure against:

(a) Liability under the Worker’s Compensation Act and at common law in respect of persons employed by the Contractor.

(b) Liability to third persons in respect of personal injury and property damage.

(c) Loss or damage to the work in progress.

(d) Home Warranty Insurance where required.

  1. Warranties

(a) It is acknowledged between the Client and the Contractor that where the work involves the rectification of a blockage, the removal of the source of the blockage does not guarantee that there will be no recurrence of the problem and that no warranty is given in this regard.

(b) It is further akcnowledged that where plumbing work is commenced there are legal requirements whereby the Contractor may be obliged to continue with the work until completion and to the extent required by the law the rights of the Client under Clauses 3 and 8(e) are modified.

(c) It is also acknowiedged that the Contractor does not guarantee any goods beyond the Manufacturer’s warranty.

  1. Statutory Warranties

The Contractor gives the following statutory warranties under the Home Building Act 1989 (NSW}:

(a) The work will be performed in a proper and workmanlike manner and in accordance with the plans and specifications;

(b) Materials supplied by the contractor will be good and suitable for the purpose for which they are used, unless otherwise stated in the contract those materials will be new;

(c) The work will be done in accordance with, and comply with the Home Building Act and Reugulations or any other law;

(d) the work will be done with due diligence and within the time stipulated in the contract, or if no time is stipulated, within a reasonable time;

(e) if the work consists of the making of alterations or additions to dwelling or the repairing, renovation, decoration or protective treatment of a dwelling, the work will result, to the extent of the work conducted, in a dwelling that is reasonably fit for occupation as a dwelling;

(f) the work and any materials used in doing the work will be reasonably fit for the specified purpose or result, if the owner expressly makes known to the contractor or another person with express or apparent authority to enter into or to vary contractual arrangements on behalf of the Contractor, the particular purpose for which the work is required or the result that the owner desires the work to achieve, so as to show that the owner relies on the contractor’s skill and judgement.

  1. Call Out Fees

The Contractor may advertise a $0 call out fee when being called out to quote any work required for the Client. The $0 call out fee applies if the Client agrees to accept the quote of work to be completed and work is commenced. If the client declines the quote and no work is commenced, a $99 service fee applies.

  1. Promotions

Any Promotions advertised by Sewer Surgeon Pty Ltd are only available to residential home owners and do not apply to any strata/maintenance, commercial work or real estate rental properties.

  1. Dispute Resolution

(a) If any dispute or difference concerning this agreement arises between the Contractor and the Client, then either party may give the other written notice of the dispute. Within five days after the giving of such notice, the parties shall meet at least once to attempt to resolve the dispute and the person attending must have the authority to agree to a resolution. The parties may agree to have the dispute referred to an expert determination, conciliation or arbitration or similar process. Nothing in this clause prejudices the rights of either party to have the dispute or associated matters dealt with under the Home Building Act 1989 or the Building and Construction lndustry Security of Payment Act 1999 as amended.

(b) If debt is referred to an agency to recover the funds, all costs incurred will be passed onto the debtor in full.